43 Amendments of Tiziana BEGHIN related to 2017/0224(COD)
Amendment 75 #
Proposal for a regulation
Recital 1
Recital 1
(1) Foreign direct investment contributes to the Union's growth, by enhancing its competitiveness, creating and maintaining jobs and economies of scale, bringing in capital, technologies, innovation, expertise, and by opening new markets for the Union's exports and guaranteeing reciprocity. It supports the objectives of the Commission's Investment Plan for Europe and contributes to other Union projects and programmes.
Amendment 83 #
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to the international commitments undertaken in the World Trade Organisation, the Organisation for Economic Cooperation and Development, and in the trade and investment agreements concluded with third countries, the Union and Members States may adopt restrictive measures relating to foreign direct investment on the grounds of securityeconomic security and Union security, defence or public order, subject to certain requirements.
Amendment 87 #
Proposal for a regulation
Recital 4
Recital 4
(4) Several Member States have put in place measures according to which they may restrict the movement of capital between Member States and between Member States and third countries on grounds of public policy or public security. Those measures reflect Member States' objectives and stakeholders' concerns with respect to foreign direct investment, and result in a number of different measures in terms of scope and procedure. Other Member States which do not have such mechanisms should follow the best practices of those who have such mechanisms in place.
Amendment 93 #
Proposal for a regulation
Recital 5
Recital 5
(5) There is currently no comprehensive framework at EU-level for the screening of foreign direct investments on the grounds of economic security and Union security or public order.
Amendment 108 #
Proposal for a regulation
Recital 8
Recital 8
(8) The framework for the screening of foreign direct investment shouldall provide the Member States and the Commission with the means to address risks to security or public order in a comprehensive manner, and to adapt to changing circumstances, whilst maintaining the necessary flexibility for Member States to screen foreign direct investments on grounds of security and public order taking into account their individual situations and national circumstances.
Amendment 114 #
Proposal for a regulation
Recital 9
Recital 9
(9) A broad range of investments which establish or maintain lasting and direct and indirect links between investors from third countries and undertakings carrying out an economic activity in a Member State should be covered.
Amendment 130 #
Proposal for a regulation
Recital 12
Recital 12
(12) In determining whether a foreign direct investment may affect security or public order, Member States and the Commission should be able to consider all relevant factors, including the effects on critical and strategic infrastructure, technologies, including key enabling technologies, military defence, borders infrastructures and inputs which are essential for security or the maintenance of public order, and the disruption, loss or destruction of which would have a significant impact in a Member State or in the Union. In that regard, Member States and the Commission should also be able to take into account whether a foreign investor is controlled directly or indirectly (e.g. through significant funding, including subsidies) by the government of a third country.
Amendment 147 #
Proposal for a regulation
Recital 14
Recital 14
(14) A mechanism which enables Member States to cooperate and assist each other where a foreign direct investment in one Member State may affect the economic and national security or public order of other Member States should be set up. Member States should be able to provideforward their comments ton a Member State in which the investment is planned or has been completedplanned or a completed investment to the Commission, irrespective of whether the Member States providing comments or the Member States in which the investment is planned or has been completed maintain a screening mechanism or are screening the investment. The comments of Member States should also be forwarded to the Commission. The Commission should also have the possibility, where appropriate, to issue an opinion to the Member State in which the investment is planned or has been completed, irrespective of whether this Member State maintains a screening mechanism or is screening the investment and irrespective of whether other Member States have provided comments.
Amendment 155 #
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, the Commission shouldall have the possibility to screenutinize foreign direct investments likely to affect projects and programmes of Union interest on grounds of economic and Union security or public order. This would give the Commission a tool to protect projects and programmes which serve the Union as whole and represent an important contribution to its economic growth, jobs and competitiveness. This should include in particular projects and programmes involving a substantial EU funding or established by Union legislation regarding critical and strategic infrastructure and borders, critical technologies, defence or critical inputs. For greater clarity, an indicative, but not exhaustive, list of projects or programmes of Union interest in relation to which foreign direct investment can be subject to a screening by the Commission should be listed in an Annex.
Amendment 164 #
Proposal for a regulation
Recital 16
Recital 16
(16) Where the Commission considers that a foreign direct investment is likely to affect projects or programmes of Union interest on grounds of economic and Union security or public order, the Commission should have the possibility toall address an opinion to the Member States in which such investment is planned or completed within a reasonable timeframe. The Member States shouldall take utmostduly account of the opinion and provide an explanation to the Commission if they do not follow this opinion, in compliance with their duty of sincere cooperation under Article 4(3) TEU. The Commission should also have the possibility to request from those Member States the information necessary for its screening of such investment.
Amendment 174 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to facilitate the cooperation with other Member States and the screening of foreign direct investment by the Commission, Member States should notify their screening mechanisms and any amendment thereto to the Commission, and should report on the application of their screening mechanisms on a regular basis. For the same reason, Member States that do not have a screening mechanism should also report on the foreign direct investments that took place in their territory, their borders, on the basis of theall information available to them.
Amendment 185 #
Proposal for a regulation
Recital 19
Recital 19
(19) The communication and cooperation at Member State and Union level should be enhanced through the establishment of contact pointsa coordination group for the screening of foreign direct investments in each Member State.
Amendment 199 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes a framework for the screening by the Member States and the scrutiny of Commission of foreign direct investments in the Union on the grounds of economic security and Union security or public order.
Amendment 207 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
1 a. "foreign government-controlled transaction" means any foreign direct investment that could result in the control of any legal or moral person engaged in interstate commerce by a foreign government or an entity controlled by or acting on behalf of a foreign government
Amendment 231 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may screenshall scrutinize foreign direct investments that are likely to affect projects or programmes of Union interest on the grounds of economic security and Union security or public order.
Amendment 243 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Projects or programmes of Union interest shall include in particular those projects and programmes which involve a substantial amount or a significant share of EU funding, or which are covered by Union legislation regarding critical and strategic infrastructure, borders, critical technologies, defense or critical inputs. An indicative list of projects or programmes of Union interest is included in Annex 1.
Amendment 245 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Relevant stakeholders may report to the Commission through appropriate channels any concern or information on critical investment in a Member State and suggest its screening.
Amendment 255 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 1
Article 4 – paragraph 1 – indent 1
- critical infrastructure, whether physical or virtual, including energy, transport, water distribution, media, communications, data storage, space or financial infrastructure, as well as sensitive facilitiesfinancial services and markets, health as well as sensitive facilities and any security and defense infrastructure;
Amendment 266 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 2
Article 4 – paragraph 1 – indent 2
- critical technologieand strategic technologies, critical components, including artificial intelligence, robotics, semiconductors, technologies with potential dual use applications, cybersecurity, aerospace, defense, space or nuclear technology;, raw materials, next-generation IT, high-end numerical control machinery and robotics, agriculture machinery; ,
Amendment 275 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 3
Article 4 – paragraph 1 – indent 3
- the security and continuity of supply of critical inputs of, inter alia, rare materials, water, energy and agriculture; or
Amendment 280 #
Proposal for a regulation
Article 4 – paragraph 1 – indent 4
Article 4 – paragraph 1 – indent 4
- access to sensitive data and information or the ability to control sensitive information.
Amendment 288 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
In determining whether a foreign direct investment is likely to affect economic and Union security or public order, Member States and the Commission mayshall take into account: - whether theit is a foreign investor isgovernment- controlled by the government of a third country,transaction, including through significant funding and subsidies, extended credit and lending issued by state-owned financial institutions, which may directly or indirectly incfluding through significant fundingence the decision-making process; - whether such investment could lead to the establishment or consolidation of a monopolistic structure or could undermine the functioning of the Union value chains based on strategic industries.
Amendment 295 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
In scrutinising foreign direct investment the Commission may consider whether reciprocity exists and whether the same sectors in the investors' country of origin have a similar opening.
Amendment 302 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States may maintain, amend orreinforce, adopt measures necessary to prevent circumvention of the screening mechanisms and screening decisions.
Amendment 308 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall establish timeframes for issuing screening decisions and make them publicly available. Such timeframes shall allow them to take into account the comments of Member States referred to in Article 8 and the opinion of the Commission referred to in Articles 8 and 9.
Amendment 330 #
Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(c a) screening decision subjecting foreign government-controlled transaction
Amendment 333 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States that do not maintain screening mechanisms shall provide the Commission with an annual report covering foreign directs investments that took place in their territory and external borders, on the basis of information available to them.
Amendment 340 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall inform the Commission and th, which will update other Member States within 5 working days from the start of the screening, of any foreign direct investments that are undergoing screening within the framework of their screening mechanisms, within 5 working days from the start of the screening. As part of the information, and when applicable, the screening Member States shall endeavour to indicate whether it considers that the foreign direct investment undergoing screening is likely to fall within the scope of Regulation (EC) No 139/2004.
Amendment 352 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where a Member State considers that a foreign direct investment planned or completed in another Member State is likely to affect its securityeconomic and national security, defence or public order, it mayshall provide comments to the Member State where the foreign direct investment is planned or has been completed. The comments shall be forwarded to the Commission in parallelCommission within 5 working days where explaining how such foreign direct investment affects its territory.
Amendment 355 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the Commission considers, after examining all the information provided by the relevant Member State, that a foreign direct investment is likely to affect securityeconomic and national security, defence or public order in one or more other Member States, it mayshall issue an opinion addressed to the Member State in which the foreign direct investment is planned or has been completed. The Commission may issue an opinion irrespective of whether other Member States have provided comments. The Commission shall systematically assess the market compatibility of foreign direct investment operations notified by the Member States, including screening of the degree of state influence and state aid
Amendment 368 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission or a Member State which duly considerswhen considers, on basis of the comments and opinions provided under paragraph 2, that a foreign direct investment is likely to affect its security or public order may request additional information from the Member State where the foreign direct investment is planned or has been completed, anyd share this information necessary to provide comments referred to in paragraph 2, or to issue the opinion referred to in paragraph 3with other Member States in appropriate fora.
Amendment 381 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Member States where the foreign direct investment is planned or has been completed shall give due consideration to the comments of the other Member States referred to in paragraph 2 and toand the opinion of the Commission referred to in paragraph 3.
Amendment 386 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Cooperation between Member States pursuant to this Article shall take place through the contact pointscoordination group referred to in Article 12.
Amendment 390 #
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Framework for Commission screenutingy
Amendment 398 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where the Commission considers that a foreign direct investment is likely to affect projects or programmes of Union interest on grounds of security or public order, the Commission mayshall issue an opinion addressed to the Member State where the foreign direct investment is planned or has been completed.
Amendment 408 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission mayshall request from the Member State where the foreign direct investment is planned or has been completed any information necessary to issue the opinion referred to in paragraph 1.
Amendment 426 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the information requested by the Commission and other Member States pursuant to Articles 8(4) and 9(2) is made available to the Commission and the requesting Member States without undue delay.without undue delay while taking into account the sensitivity of the information and guaranteeing confidentiality. Commission shall ensure to forward such information to Member States within 10 days after the receiving of this information
Amendment 435 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) The value of the foreign direct investment and its possible impact;
Amendment 442 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) The funding of the investment and its legal source, on the basis of information available to the Member State.
Amendment 451 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 452 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Each Member State shall appoint a foreign direct investment screening contact point ('FDI screening contact point') for the screening of foreign direct investment. The FDI screening contact point shall be part of a coordination group composed of the Commission and other Member States shall involve these FDI screening contact points on all issues related to. The task of the coordination group shall be discussing all issues related to the inward foreign direct investment policies of the Union and the implementation of this Regulation.
Amendment 471 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
European Defence Industrial Development Programme
Amendment 474 #
Proposal for a regulation
Annex I b (new)
Annex I b (new)
Connecting Europe Facility